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Posts by Nina Kohn

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Writing for @jlme-journal.bsky.social, Solomon Center Distinguished Scholar @ninakohn.bsky.social, 2016–18 Fellow Megan Wright, and a co-author explore how to overcome legal barriers to greater use of supported decision-making for people with cognitive disabilities. www.cambridge.org/core/journal...

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The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research | Journal of Law, Medicine & Ethics | Cambridge Core The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research

Supported decision-making is changing the American legal landscape. Our new article in the @ Journal of Law, Medicine, & Ethics shows how and discusses what it means for clinical research involving #peoplewithdisabilities.

#supporteddecisions #research #lawsky

cup.org/4eoGoSU

6 days ago 2 0 0 0
Symposium Articles
The Legal Landscape for Supported Decision-Making in the United
States and its Application to Clinical Research
Nina A. Kohn1,2, Megan S. Wright3, and Robert D. Dinerstein4
1College of Law, Syracuse University, United States; 2Law School, Yale University, United States; 3Penn State, United States; and 4American University, United States
Abstract
Supported decision-making is rapidly gaining attention as an alternative to guardianship and other forms of surrogate decision-making for
people with cognitive disabilities. This article provides an overview of the legal status of supported decision-making in the United States, with
particular attention to how states are recognizing supported decision-making in different legal contexts. It then explores how the law of
supported decision-making applies to clinical research. It explains that although federal research regulations and guidance do not explicitly
address formal supported decision-making, individuals may use supported decision-making to make decisions about participating in clinical
research and researchers may be required to allow such use under federal laws that protect against disability discrimination. It then concludes
by considering legal barriers to greater use of supported decision-making and how these barriers might be overcome.
Keywords: Supported decision-making; clinical research; surrogate decision-making

Symposium Articles The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research Nina A. Kohn1,2, Megan S. Wright3, and Robert D. Dinerstein4 1College of Law, Syracuse University, United States; 2Law School, Yale University, United States; 3Penn State, United States; and 4American University, United States Abstract Supported decision-making is rapidly gaining attention as an alternative to guardianship and other forms of surrogate decision-making for people with cognitive disabilities. This article provides an overview of the legal status of supported decision-making in the United States, with particular attention to how states are recognizing supported decision-making in different legal contexts. It then explores how the law of supported decision-making applies to clinical research. It explains that although federal research regulations and guidance do not explicitly address formal supported decision-making, individuals may use supported decision-making to make decisions about participating in clinical research and researchers may be required to allow such use under federal laws that protect against disability discrimination. It then concludes by considering legal barriers to greater use of supported decision-making and how these barriers might be overcome. Keywords: Supported decision-making; clinical research; surrogate decision-making

New open-access: "The Legal Landscape for Supported Decision-Making in the United States and its Application to Clinical Research" by Nina A. Kohn, Megan S. Wright, & Robert D. Dinerstein, from the upcoming symposium "Supported Decision-Making & Clinical Research."
www.cambridge.org/core/journal...

2 weeks ago 1 1 0 0

Good news on the #guardianship reform front: Idaho has adopted the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. The Act, for which I served as Reporter, makes significant strides in protecting the rights of #older adults and people with #disabilities.

4 weeks ago 0 0 0 0
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What Led to Britney Spears' DUI Arrest: Pills, More Details Sources share new details about what led to Britney Spears’ DUI arrest, including her struggles with pills, isolation and a failed care plan

@ninakohn.bsky.social spoke with US Weekly about Britney Spears’ recent DUI arrest and her previous conservatorship. Kohn said, “The fact that someone makes bad choices doesn’t mean that a court can — or should — impose a conservatorship.” #lawsky #freebritney www.usmagazine.com/celebrity-ne...

1 month ago 0 1 0 0
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Legal Leaders Take Historic Step To Protect Americans Under Guardianship, Conservatorship New legal ethics rule might have helped #FreeBritney by making it clear that lawyers must advocate for the wishes of clients under guardianship or conservatorship.

@ninakohn.bsky.social writes on the reformed American Bar Association (ABA) Model Rule of Professional Conduct 1.14: Client With Decision-Making Limitations @forbes.com www.forbes.com/sites/ninako...

2 months ago 1 2 0 0
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Legal Leaders Take Historic Step To Protect Americans Under Guardianship, Conservatorship New legal ethics rule might have helped #FreeBritney by making it clear unambiguously stating that lawyers must advocate for the wishes of clients under guardianship or conservatorship.

Out today in @forbes.com: My latest showing how new legal ethics rules adopted by @americanbar.org are critical to protecting the rights of Americans under #guardianship and #conservatorship. And why they could have been the key to #FreeBritney.

www.forbes.com/sites/ninako... #Disabilityrights

2 months ago 1 2 0 1

Congratulations to @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social and everyone else who helped achieve this important update to the @americanbar.org ethics rules for lawyers representing clients with decision-making limitations.

2 months ago 1 1 0 0
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Rule 1.14: Client with Diminished Capacity Client-Lawyer Relationship | When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for...

Big news! The @americanbar.org has revised its ethics rule for #lawyers representing clients with decision-making limitations. It’s a major advance for #DisabilityRights and something I’ve worked toward for over a decade. The new rule can be found here: www.americanbar.org/groups/profe...

2 months ago 4 1 0 1
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ABA Considers Important Changes to Its Ethics Rule Governing Representation of Clients with Decision-Making Limitations At its February midyear meeting, the American Bar Association will consider proposed revisions to Model Rule of Professional Conduct (MRPC) 1.14, the ethics rule governing representation of clients wh...

Writing for @americanbar.org, @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social and her co-author explain how to strengthen legal ethics rules to better serve vulnerable clients who may struggle to make reasoned decisions. www.americanbar.org/groups/law_a...

2 months ago 0 1 0 0
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Central NY judge declares state law that requires city court judges to retire at 70 unconstitutional Two judges, one from Central New York, challenged the law that forced them out of their city court jobs.

Distinguished Professor of Law @ninakohn.bsky.social provided Syracuse.com with perspectives on the recent New York State Supreme Court decision that the state law requiring city judges outside of New York City to retire at age 70 was unconstitutional. #lawsky www.syracuse.com/news/2026/01...

3 months ago 0 1 0 0
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One Conversation Every Family Should Have This Thanksgiving. Thanksgiving is an ideal time to start a family conversation about end-of-life preferences and encourage loved ones to create an advance directive. Here's how to do it.

Professor @ninakohn.bsky.social on Thanksgiving: “If you’re looking for something real to talk about at your Thanksgiving gathering, start a conversation that can actually make a difference: ask your family members about what they want their final years to look like.” www.forbes.com/sites/ninako...

4 months ago 1 1 0 0
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One Conversation Every Family Should Have This Thanksgiving. Thanksgiving is an ideal time to start a family conversation about end-of-life preferences and encourage loved ones to create an advance directive. Here's how to do it.

In a new op-ed for @forbes.com, @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social underlines the importance of speaking to aging family members about end-of-life decisions to help make advance care planning empowering and low-stress. www.forbes.com/sites/ninako...

4 months ago 1 1 0 0
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One Conversation Every Family Should Have This Thanksgiving. Thanksgiving is an ideal time to start a family conversation about end-of-life preferences and encourage loved ones to create an advance directive. Here's how to do it.

Thanksgiving is the perfect time to talk with your family about end-of-life and advance care planning. Here's my newest in @forbes.com explaining why--and providing practical tips for starting the conversation.

www.forbes.com/sites/ninako...

5 months ago 4 0 0 0
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In Senior Homes, A.I. Technology Is Sensing Falls Before They Happen

@solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social spoke to @nytimes.com about the importance of balancing privacy and safety as long-term care facilities increasingly deploy AI-based anti-fall and similar technologies. www.nytimes.com/2025/10/29/r...

5 months ago 2 2 0 0

Honored to have my newest article featured in Jotwell. And especially by this description of my work:

"Excavating that which may have become unremarkable is an important and often overlooked academic enterprise. Professor Kohn undertakes this enterprise with remarkably sensitive concision."

6 months ago 1 0 0 0
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Why American Leaders Are Rethinking The Fight Against Elder Abuse America's go-to response for combating elder abuse and exploitation may even put older adults at further risk. Here is how communities can shift strategies.

📰 In her latest article for @forbes.com, @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social explains how mandatory elder abuse reporting laws fall short and calls for systems tailored to improving outcomes for elder abuse victims. www.forbes.com/sites/ninako...

6 months ago 1 1 0 0
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Why American Leaders Are Rethinking The Fight Against Elder Abuse New research suggests that America's go-to response for combating elder abuse and exploitation may not work—and may even put older adults at further risk.

New research suggests that America's go-to response to fighting #ElderAbuse may not work. And may even put older adults at risk. I explain and suggest a better way to combat elder abuse and exploitation in this piece, out today in Forbes.

www.forbes.com/sites/ninako... #Aging #Eldercare

7 months ago 2 1 0 0
Image of a red casebook entitled "Elder Law: Practice, Policy, and Problems" in front of an open window that looks out onto a courtyard surrounded by gothic-inspired buildings.

Image of a red casebook entitled "Elder Law: Practice, Policy, and Problems" in front of an open window that looks out onto a courtyard surrounded by gothic-inspired buildings.

Happy to be back at Yale Law School as a Visiting Professor. I'm enjoying introducing another terrific group of students to elder law. And having good fun collaborating with @solomonctryls.bsky.social.

7 months ago 2 1 0 0
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AgeTech Is Transforming Eldercare But Risks Abusive Surveillance AgeTech is enabling older adults to live at home for longer than ever before. But there's a hidden cost: unprecedented surveillance, including by their own families

📣 Hot off the presses! Writing for @forbes.com, @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social discusses how AgeTech allows older adults to live independently for longer and how reforms can prevent tech-facilitated elder abuse. www.forbes.com/sites/ninako...

7 months ago 1 1 0 0
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AgeTech Is Transforming Eldercare But Risks Abusive Surveillance AgeTech is enabling older adults to live at home for longer than ever before. But there's a hidden cost: unprecedented surveillance, including by their own families

Out today! My new piece in @forbes.com explains the hidden dangers of AgeTech that every older adult should know about.

@www.forbes.com/sites/ninakohn/2025/09/0...

7 months ago 0 1 0 0
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A lack of nursing home oversight is a problem for many states Many state nursing home oversight agencies are understaffed. Advocates for residents say that is increasingly putting people who live in nursing homes at greater risk of abuse and neglect.

Understaffing at state agencies that oversee #NursingHomes puts residents at greater risk of abuse and neglect. And it's a growing problem, as I explain in this NPR piece. The good news: @justiceinaging.org is pursuing a legal strategy to help address it.

www.npr.org/2025/07/15/n...
#Elderlaw

9 months ago 7 4 0 0
Ore. Weighs Tough New Requirements For Long-Term Care - Law360 Healthcare Authority Two years ago, an Oregon woman died in the cold after leaving, unseen, from a memory care facility. Today, state lawmakers are moving to strengthen oversight of long-term care facilities that serve ol...

Distinguished Professor @ninakohn.bsky.social recently spoke with Law360 about a proposed law in Oregon to tighten the oversight of long-term care facilities. #lawsky www.law360.com/healthcare-a...

9 months ago 1 1 0 1
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Check out @solomonctryls.bsky.social Distinguished Scholar in Elder Law @ninakohn.bsky.social in @law360.bsky.social on state efforts to protect residents of long-term care facilities that are not nursing homes. www.law360.com/healthcare-a...

9 months ago 2 2 0 0

Thanks @syracuselaw.bsky.social for this nice piece about my work with the Uniform Law Commission.

9 months ago 0 0 0 0
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📚Just published! The new Elder Law Journal article from ‪@solomonctryls.bsky.social‬ Distinguished Scholar in Elder Law @ninakohn.bsky.social‬, Research Fellow Wendy Jiang, and others explores the limits of mandatory elder abuse reporting and proposes reforms. theelderlawjournal.com/wp-content/u...

9 months ago 2 1 0 0
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Mandated Reporting of Elder Abuse: An Evaluation and Call to Action <p><span>This Article explores the impact of mandatory elder abuse reporting laws, a core component of the U.S. response to elder abuse. It finds that there is

Last year @solomonctryls.bsky.social convened a group of the nation's leading thinkers on #ElderAbuse. One result: this new article. It reveals how little reporting mandates do to help older adults & calls for evidence-based #law reform.

papers.ssrn.com/sol3/papers....

9 months ago 2 1 0 0

So glad to have you participate in the workshop and share your empirical work on elder abuse interventions. Looking forward to reading more!

10 months ago 0 0 0 0

Happening now...

10 months ago 0 0 0 0

With so much in flux and so much on the line, this type of exchange is more important than ever. And a good reminder that while the road is bumpy, we are traveling it in good company. #ASLME #HLP2025

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